The High Inspector of Justice Artur Metani’s speech in the activity “The European Court of Human Rights (ECHR) Practice on Disciplinary Issues of Magistrates”.
Dear participants!
May I begin by expressing my gratitude and appreciation to EURALIUS for organizing this activity. Personally, I find it quite useful that the representatives of the new justice institutions, responsible for the magistrates disciplinary matters gather, discuss, share ideas and analyze the jurisprudence of the European Court in this regard. Although the ECHR decisions do not have erga omnes effect, each state should take into account the decisions taken against other countries, especially principled decisions, in order to prevent the possible findings of violations being made against the country itself. The analysis of the guarantees deriving from this jurisprudence in the Albanian context plays an important and direct role, regarding:
- the coordination of the institutional activity of the bodies involved in the disciplinary proceedings such as HIJ, HJC or HPC;
- the increase of their staff capacity regarding the orienting values of the jurisprudence of the ECHR;
- the application of a uniform approach to the interpretation and application of new legal provisions in the framework of disciplinary proceedings;
- the certainty to implement in the most effective and realistic way the ECHR standards.
Secondly, although I may not say something unfamiliar to you, I would like to highlight the fact that disciplinary proceedings should serve and be in the function of the accountability and the responsibility of the magistrates and cannot be abusively used as a tool to undermine the independence and the impartiality of the judiciary.
The disciplinary proceeding must be conducted in a balance between the principles of the public interest for the administration of justice, respect for the individual rights, the principle of legality, the fair and impartial trial, and the separation of powers.
Based on international standards, Law no. 96/2016 “On Status” clearly and objectively defines the material and procedural provisions related to disciplinary proceedings against magistrates. Disciplinary proceedings are guided by the principle of due process, the principle of legality, the principle of initiating a process by any state institution or official, the principle of equality before the law, the principle of innocence presumption and the suspicion assessment, the principle in dubio pro reo, the principle of proportionality, the principle of the independence and impartiality of disciplinary institutions and the respect for the independence of magistrates, the principle of open justice, the principle of confidentiality and the right to privacy.
Based on my previous professional experience, as a Government Agent, through the performance of my duty as a representative of the Republic of Albania at the ECHR, I had the opportunity to be a genuine implementer of the European Convention on Human Rights:
- through the application of the Court standards and the case law in the daily activity of the Albanian state institutions;
- the analysis and the supervision of the compliance process of the legislation and administrative practices of these institutions with the standards set out in the ECHR.
Due to this experience, I think that the level of the human rights respect is related to the political and legal culture, economic and social development of a country, even though at the legal-formal level they may be parties to the same international conventions and acts.
On the other hand, most legislative acts are drafted on the basis and in accordance with the standards of the European Convention on Human Rights and the jurisprudence of the ECHR, but the challenge that states face, (like we do) is to ensure the most effective and real implementation.
In this context, the implementation of many aspects of the justice reform obviously needs to face or approach the standards of developed democracies. I think we are of the same mind, that working to strengthen an impartial and independent justice system is a common challenge of our institutions. Our assistance, through the exercise and the application of democratic standards in the disciplinary matters of magistrates will undoubtedly be reflected in increasing the performance of the justice system and it will avoid the misuse of it.
In this regard, I especially appreciate the organization of this meeting and I think and encourage other activities to be organized in the future which aim at education, training, awareness and coordination of the work between institutions in order to assist knowledgeable individuals as well as to develop attitudes and behaviors related to the standards and jurisprudence of the ECHR.
Thank you for your attention!
